Note: If I am a participant under the age of eighteen (18), then a parent/guardian will be required to provide the following declarations on my behalf and by doing so will always ensure that I understand and will comply with and abide by all terms referred to below.

In consideration of the Athletic Association of South Australia Inc (“ASA”) accepting this entry and thereby allowing me to participate in this event (“Event”), I the undersigned (for myself, my heirs, executors and administrators) understand, acknowledge and agree to the terms and conditions of this Competition and Event Waiver (“Waiver").

Risk Warning and Participation

1. I acknowledge and agree that the Event is a recreational activity conducted by ASA which involves significant risk of physical harm, including personal injury, permanent disability and/or even death (caused to me or other participants in the Event) and that such harm may result from my own actions or omissions or the actions or omissions of others (“Risk Warning”).
2. I knowingly acknowledge and agree that I am engaging in this Event at my own risk and with complete knowledge and understanding of the Risk Warning referred to in clause 1 above as well as any other obvious or inherent risks and I assume all such risks, known and unknown, even if such risks arise from the negligence of ASA or others.
3. I knowingly acknowledge and agree that, at all times, I have the option of not participating in, or withdrawing from, the Event.

Warranties

4. I warrant and agree that I am healthy and medically fit (including physically and mentally) to participate in the Event and that I have not been advised otherwise by a medical practitioner or generally.
5. I warrant and agree that I will inspect the Event area and arenas and all fixtures, fittings, equipment, goods, apparatus or other things supplied, provided or to be used in or related to the conduct of the event and agree that I will not participate in the Event unless I am completely satisfied with the adequacy and condition of the Event and related areas and equipment.
6. I warrant and agree that I will abide by the rules and conditions of the Event, including any written rules and conditions or verbal instructions in relation to the Event, which rules, conditions or instructions may be provided before or during the Event.

Waiver, Release and Discharge

7. I acknowledge and agree that I am engaging in this Event at my own risk and, except to the extent that the law (including the Competition and Consumer Act 2010 (“CCA”) and the Australian Consumer Law (“ACL”) provides that liability cannot be excluded, I waive, release and discharge ASA, including but not limited to the Women's Recreational Running Network, Running SA, Running Australia, and Athletics Australia (“AA”) as Event Sponsors and each of their respective officers, employees, contractors, volunteers or agents involved in the Event, from all and any claims, rights or causes of action however arising including for any negligent act or omission of any person, whether or not presently ascertained, immediate future or contingent, which I may have arising from any injury, loss or damage of any kind suffered by me including personal injury, illness or death and/or loss or damage to any property arising either directly or indirectly out of my attendance at or participation in the Event.
8. I confirm that I have had the opportunity to discuss this Waiver with ASA and that I am fully aware of the implications, intent and effect of ageing to sign this Waiver.

Photographs and Videos

9. I understand that at any ASA, or ASA endorsed, competition, event or activity, I may be photographed and/or videotaped by an authorised or endorsed representative of ASA. In this regard, I acknowledge and agree:
   1. That any images or likeness of me taken or captured by ASA are owned by ASA and that they may be used by ASA for promotional or other purposes without my further consent being necessary;
   2. That I consent to ASA using my name, image, likeness and also my performance in any ASA/AA events, at any time, by any form of media, to promote the event and ASA/AA;
   3. That photos taken by ASA are not to be edited or altered in any way by anybody other than the photographer or an editor approved by the photographer in writing and that the ASA logo must remain legible on all photos on which that signature exists;
   4. That ASA/AA is not responsible for any images or likenesses of me captured by persons who are not an official or endorsed representative of ASA; and
   5. That if I wish to opt out of agreeing to this photograph and video clause, I can do so by sending a request by email to admin@athleticssa.com.au informing ASA that I do not consent to anyone (including ASA, either by authorised or endorsed representatives of ASA) taking or capturing any image or likeness of me.

Indemnity

10. I agree, to the maximum extent permitted by law, that I indemnify ASA and will keep ASA indemnified against any claim, right, cause of action however arising including from any negligent act or omission of any person, whether presently or not presently ascertained, immediate future or contingent, which I may have arising from any injury, loss or damage of any kind suffered by me including personal injury, illness or death and/or loss or damage to any property arising either directly or indirectly out of my attendance at or participation in the Event or any related activities.

Cancellation

11. I agree that if the Event is cancelled or if I do not participate in the Event for any reason whatsoever, my entry fee will not be refunded, and no liability will attach to the Organiser or the Event Sponsors in relation to cancellation.

Medical Treatment

12. I consent to receive, and agree to pay for, any and all medical treatment (including transport by ambulance) which I require in relation to my participation in the Event and which is considered in the reasonable opinion of the Event medical officials to be necessary, before, during or after the Event.

Under 18s

13. I acknowledge that, if I am under the age of 18, I have the express permission of a parent or guardian to participate in the Event and that I (and my parent or guardian) have read, understood and accept the terms and conditions of this Waiver and agree to be bound by the terms and conditions of this Waiver in relation to my attendance in the Event.
14. I understand and agree that it is necessary for me to agree to the terms and conditions of this Waiver in order to participate in the Event and to receive any related services provided by ASA.

Privacy Statement

15. By entering this Event, I consent to my personal information being provided to ASA and AA.
16. I further consent to receiving information from ASA and AA including details of other events and special offers or promotions. This may include a monthly e-newsletter
17. I understand that ASA and AA will not sell or disclose my personal information to any third party, unless required by law or for insurance purposes.
18. If I DO NOT consent to my personal information being disclosed and used or receiving information about the ASA and AA programs, I agree to email the Event organiser at events@athleticssa.com.au expressly saying so.

Statutory information, warning and exclusion applicable to competitions and events held in South Australia:

Your rights:

19. Under sections 60 and 61 of the Australian Consumer Law (SA), if a person in trade or commerce supplies you with services (including recreational services – which consist of participation in a sporting activity or similar leisure-time pursuit or any other activity that involves a significant degree of physical exertion or risk and is undertaken for the purposes of recreation, enjoyment and leisure), there is—
    1.  a statutory guarantee that those services will be rendered with due care and skill; and
    2. a statutory guarantee that those services, and any product resulting from those services, will be reasonably fit for the purpose for which the services are being acquired (as long as that purpose is made known to the supplier); and
    3. a statutory guarantee that those services, and any product resulting from those services, will be of such a nature, and quality, state or condition, that they might reasonably be expected to achieve the result that the consumer wishes to achieve (as long as that wish is made known to the supplier or a person with whom negotiations have been conducted in relation to the acquisition of the services).

Excluding, restricting or modifying your rights:

20. Under section 42 of the Fair Trading Act 1987, the supplier of recreational services is entitled to ask you to agree to exclude, restrict or modify his or her liability for any personal injury suffered by you or another person for whom or on whose behalf you are acquiring the services (a third party consumer).
21. If you sign this form, you will be agreeing to exclude, restrict or modify the supplier's liability with the result that compensation may not be payable if you or the third party consumer suffer personal injury (which includes bodily injury and includes mental and nervous shock and death).

Important

22. You do not have to agree to exclude, restrict or modify your rights by signing this form.
23. The supplier may refuse to provide you with the services if you do not agree to exclude, restrict or modify your rights by signing this form.
24. Even if you sign this form, you may still have further legal rights against the supplier.
25. A child under the age of 18 cannot legally agree to exclude, restrict or modify his or her rights.
26. A parent or guardian of a child who acquires recreational services for the child cannot legally agree to exclude, restrict or modify the child's rights.

Agreement to exclude, restrict or modify your rights:

27. I agree that the liability of ASA for any personal injury that may result from the supply of the recreational services that may be suffered by me (or a person for whom or on whose behalf I am acquiring the services) is excluded.

Further information:

28. Further information about your rights can be found at www.ocba.sa.gov.au

Participant Consent (in respect of a person over the age of 18 years)

29. I have read and understood this declaration and terms and conditions. I confirm and warrant that the contents of this declaration and terms and conditions are true and correct in every particular.